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Human Rights-Based Policing

PNP Human Rights Affairs Office


Legal Service Building
Camp BGen. Rafael T Crame, Quezon City
Human Rights Situation in the Philippines

In 2005 and 2006, the Philippines got the attention of the


International Community because incidents of
extrajudicial killings were on its peak with a record of 66
and 70 cases, respectively

2
On February 11, 2007, Philip Alston, United
Nations Special Rapporteur on Extrajudicial
Executions, visited the country to conduct an
inquiry into the said killings, and, thereafter,
submitted his report and recommendations to the
United Nations.

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“There pervades impunity for extra judicial killings in
the Philippines. Depending on who is counting and
how, the total number of EJKs and EDs over the past 6
years ranges from 100 to over 800. Counter-
insurgency strategy and changes in the priorities of CJS
are of special importance to understanding why the
killings continue.”

- UNSR Alston

4
Notable government initiatives to curb unresolved cases of
EJKs and EDs:

Creation of several investigative groups to work on the issue


of unexplained killings, such as the Melo Commission, Task
Force Usig.

Creation of human rights offices within the AFP and PNP.

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CREATION OF PNP HRAO
 Activated on JUNE 29, 2007 under the OCPNP
 PNP G.O. Number DPL 07-04 and
 NAPOLCOM Resolution Number 2007-247

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HRAO
ORGANIZATIONAL
STRUCTURE
Chief, HRAO

Asst. Chief

Chief, Human Rights


Chief, Policy and Promotion and External
Development Division ADMO Affairs Division

Chief, Education and Chief, Inter-Agency and


Chief, Policy Chief, Promotion and
Capability Development International Affairs
Development Section Referral Section
Section Section

NHQ PNP G.O. NUMBER-DPL 09-04A


Pursuant to NAPOLCOM Resolution No. 2009-444
NHQ-PNP General Orders Number DPL-09-04A, dated August19, 2009

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HRAO FUNCTIONS

1. Integrate PNP efforts & develop


systematic, holistic implementation of
human rights programs & activities.

2. Review, formulate, and recommend


human rights policies & programs
including administrative & legal
measures on human rights.

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HRAO FUNCTIONS
3. Monitor investigations and legal/judicial
processes related to human rights violations
of PNP personnel.
4. Undertake information campaign on PNP
human rights initiatives.
5. Establish links with concerned agencies
involved in handling HRV cases vs. PNP
personnel.
6. Perform other tasks as directed by the Chief,
PNP.
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PNP Human Rights Policy Directions
and Guidelines
• LOI 55/07 “PAMANA”
PNP Human Rights

Development Program

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LOI “Pamana” and its Major
Components
Policy & Institutional
Capability Building
Development

PNP HUMAN RIGHTS


DEVELOPMENT
PROGRAM

Human Rights
Multi-Sectoral
Violation
Cooperation
Prevention

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The PNP and HRAO Road Map

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HRAO receives Gold Eagle Award, Raises Bar of
Excellence through Professionalism, Competency,
and Honest Police Service

 3rd stage of the Performance Governance System held on


October 23, 2017 at Camp Crame, Quezon City 13
WE ARE HERE TO SERVE YOU
1. The PNP Human Rights Desks are hereby
activated under the Offices of the Directors of the
(NOSUs); RD of PROs; PD of Police Provincial
Offices (PPOs); City Directors of City Police
Offices (CPOs); DD of District Police Offices;
Chief of Police of the CPO; and City/Municipal
Police Stations.

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WE ARE HERE TO SERVE YOU

2. The Directors of National Operation Support Unit and


RD of PROs shall designate a qualified HRO
responsible for addressing issues of human rights in
their respective areas and providing the HRAO
pertinent data and information.
3. At present we have a total number of 2,108 HROs
from all Police Regional Offices including NOSUs.

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HRAO VISION

BY 2025, WE SHALL HAVE FULLY INSTITUTIONALIZED


THE RESPECT FOR HUMAN RIGHTS AS A WAY OF LIFE IN
THE PHILIPPINE NATIONAL POLICE.

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HRAO MISSION

TO PROMOTE AND PROTECT HUMAN RIGHTS THRU


EFFECTIVE INSTITUTIONAL AND POLICY
DEVELOPMENT, CAPABILITY BUILDING,
PREVENTION AND CONTROL OF HUMAN RIGHTS
VIOLATIONS & MULTI-SECTORAL COOPERATION.

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CHALLENGES ENCOUNTERED
REPORT OF ALLEGED
HUMAN
RIGHTS VIOLATIONS
OF PNP PERSONNEL RESULTS IN:
1.NEGATIVE PERCEPTION & ATTITUDE OF THE
PEOPLE TOWARDS THE PNP

2.ERRING PERSONNEL FACE ADMINISTRATIVE


AND/OR CRIMINAL CHARGES…LEADING TO
POSSIBLE DEMOTION OR DISMISSAL FROM SERVICE

3.ISOLATION OF THE POLICE FROM THE


COMMUNITY AND CIVIL UNREST

4.LOCAL AND INTERNATIONAL CRITICISM &


SANCTIONS AGAINST POLICE AND THE
GOVERNMENT

5.PROSECUTION OF CRIMINALS IS HAMPERED


DUE TO TECHNICALITIES OR FAILURE TO MEET
LEGAL REQUIREMENTS IN ARREST, SEIZURE, ETC.

5.LAW ENFORCER BECOMES LAW-BREAKER


PERCEPTION
OF PNP PERSONNEL
ABOUT
HUMAN RIGHTS
SOME IN THE PNP BELIEVE THAT
HUMAN RIGHTS ARE…
1.1. PROPAGANDA
PROPAGANDAUSED
USEDBY
BYENEMIES
ENEMIESOF
OFTHE
THESTATE
STATE
AGAINST
AGAINSTTHE
THEGOVERNMENT.
GOVERNMENT.
2.2. USED
USEDBYBYSOME
SOMESECTORS
SECTORSTO
TOBLAME
BLAME&& HARASS
HARASS
THE
THEPOLICE
POLICE/ /MILITARY
MILITARYEVEN
EVENIF
IFWE
WEARE
ARE“ONLY
“ONLY
DOING
DOINGOUR
OURJOB.”
JOB.”
3.3. ONLY
ONLYPROTECT
PROTECTANTI-GOVERNMENT
ANTI-GOVERNMENTACTIVISTS
ACTIVISTS
AND
ANDDO
DONOT
NOTBENEFIT
BENEFITTHE
THEPNP
PNPAND
ANDAFP.
AFP.

4.4. HINDRANCE
HINDRANCE TO TO MILITARY
MILITARY && POLICE
POLICE
OPERATIONS;
OPERATIONS;ITITIS
ISAN
ANOBSTACLE
OBSTACLETO
TO MISSION
MISSION
ACCOMPLISHMENT.
ACCOMPLISHMENT.
Why do some PNP Personnel have a
NEGATIVE PERCEPTION about Human
Rights?
Is it because...
1. We have limited knowledge and skills about human
rights?
2. Anti-Government Forces are more adept in using Human
Rights issues and human rights laws as a “propaganda
weapon” against the PNP?

3. We have gaps in professional competency and we


(wittingly or unwittingly) violate police operational
procedures?
WE NEED A CHANGE IN PERCEPTION.
THE NEED FOR A PARADIGM SHIFT
IN SUPPORT TO HUMAN RIGHTS
Peace & Order Life, Liberty, & Freedom
Rule of Law Socio-Economic Progress
Justice Education
Equality Sustainable Development

WHEN WE DISREGARD HUMAN RIGHTS


Violence Slavery
Crime Oppression
Injustice & Inequality Poverty & Ignorance
Discrimination Destruction of Environment
HUMAN RIGHTS
IN LAW
ENFORCEMENT
HUMAN RIGHTS IN LAW
ENFORCEMENT
WE ARE ALL HUMAN. ALL OF US HAVE
HUMAN RIGHTS.

HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
THE PEOPLE CULTURAL THE PNP /
GOVERNMENT
HUMAN RIGHTS IN LAW ENFORCEMENT
1987 Phil. Constitution, Article II:
Sec 1. “Sovereignty resides in the People…”
Sect 3. “Civilian authority is, at all times,
supreme…”
PEOPLE GIVES
POWER & AUTHORITY
HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
THE PNP /
THE PEOPLE CULTURAL GOVERNMENT

POWERS OF THE STATE:


1.Power of Eminent Domain
2.Power of Taxation
3.Police Power
HUMAN RIGHTS IN LAW ENFORCEMENT
Article 2, Sec. 4
1987 Phil.
Constitution:
The prime duty of
Government is to Serve
and Protect the People.
PEOPLE GIVES AUTHORITY
HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
THE PEOPLE CULTURAL THE PNP /
GOVERNMENT
PNP MUST USE AUTHORITY
TO SERVE & PROTECT
THE PEOPLE
HUMAN RIGHTS IN LAW ENFORCEMENT

PNP AS HUMAN RIGHTS PROTECTOR.

HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL
THE PEOPLE THE PNP
OUR PHILOSOPHY:
Service, Honor, Justice
Protecting Human Rights is rendering professional
SERVICE… treating people with dignity and HONOR…and
improving delivery of JUSTICE to the oppressed and victims
of crime.
LEGAL BASES WHY THE PNP IS A HUMAN RIGHTS PROTECTOR
LEGAL BASES WHY THE PNP IS A HUMAN RIGHTS PROTECTOR

PNP PNP PNP CODE PNP PNP PNP PNP LOI 55/07
ETHICAL MOTTO OF HYMN PLEDGE BADGE CORE “Pamana”
DOCTRINE CONDUCT OF VALUES
HONOR
Chapter I To Serve Chapter 3 Bantay ng I will You have Makadiyos “...all members
Sec. 2: and Para 2: katahimikan... love been Makatao of the PNP shall
entrusted with
Protect... and Makabayan embrace the
the Badge as
“… all members “...respect for serve God, a symbol of Maka- highest
of the Philippine human rights as PNP Country and your Kalikasan principles of
National Police… a high standard Lingkod People... worthiness as the universal
shall serve with must be ng bayan a police declaration of
utmost maintained in officer... human rights.”
responsibility, the Kriminal
from wto serve
integrity, performance of aming and protect
morality, loyalty, police duties.” kalaban the people
and efficiency hom you
with due respect Mamamayan derive the
to human rights paglilingkuran power and
authority to
and dignity as
enforce the
hallmarks of a laws of the
democratic land without
society,” fear or favor.
WE, the POLICE, also have RIGHTS
Some Rights and Privileges We Enjoy:
Right to Work and
Our Salary and Allowances
Just Compensation
Right to Due Performance Evaluation, Summary
Process Hearing and Appeal System
Our Schooling Opportunities and
Right to Education
Scholarships for Deserving Dependents
Right to Rest Our Rest Days, Day-off, Vacations,
and Leisure Leaves, Christmas Parties, outings, etc.
Right to Housing Our Quartering and Housing Programs
Right to Social
Our Pension and Benefits System
Security
Right to Health Care Our Medical / Dental Services
IF THE PNP IS SUPPOSED TO SERVE AND PROTECT THE PEOPLE…
WHY THERE ARE ALLEGED HUMAN RIGHTS VIOLATIONS?

THE PEOPLE THE PNP


ROOT CAUSES OF
HUMAN RIGHTS VIOLATIONS
Law Enforcement
(PNP)
GAP Mission
Accomplishment
Arrest/Conviction of Criminals.
Crime Solution.
Justice for Victims.
Saving of lives.
Law enforcement.
Peace & Order.

Law Enforcement
(PNP) GAP Mission
Law
Enforcement
(PNP)
GAP
UNPROFESSIONAL
BEHAVIOR

INCOMPETENCY
x
Mission
Accomplishment
What happens when we don’t bridge the gap?

x
CRIMES ARE NOT SOLVED.

Law Enforcement Mission


Accomplishment
What happens when we don’t bridge the gap?

x
JUSTICE DELAYED,
JUSTICE DENIED.

Law Enforcement Mission


Accomplishment
What happens when we don’t bridge the gap?
THE PNP LOSES

x
TRUST &
CONFIDENCE
OF THE COMMUNITY

Law Enforcement Mission


Accomplishment
What happens when we don’t bridge the gap?
PNP / GOVERNMENT

x
SUFFERS FROM CRITICISM
FROM MEDIA
& OTHER SECTORS;

OUR RELATIONS WITH


Law Enforcement Mission
THE INTERNATIONAL
(PNP) COMMUNITY IS AFFECTED. Accomplishment
What happens when we don’t bridge the gap?

x
HUMAN RIGHTS VIOLATIONS
ARE COMMITTED.

Law Enforcement Mission


(PNP) Accomplishment
What happens when we don’t bridge the gap?

WE COULD FACE CRIMINAL

x
& ADMINISTRATIVE CHARGES;
END OF POLICE CAREER.

Law Enforcement Mission


Accomplishment
HOW DO WE BRIDGE THE GAP?

Law Enforcement Mission


(PNP) Accomplished
COMPETENCY
(“To Serve and Protect” – Human Rights and
Humanitarian Law for Police and Security Forces,
published by ICRC)
 Does not only mean “AUTHORIZED”.

 The mental and physical aptitude and attitude of


police officer in reacting to circumstance.

 Develop capacity through S – P – E – A – K


 (Skill, Perception, Experience, Ability, & Knowledge)

 Not affected by pressure, influence and


temptation.
HOW DO WE BRIDGE THE GAP?

Law Enforcement Mission


(PNP) Accomplished
PROFESSIONALISM
(By: Candice Solie, VP of Profile Evaluations, Inc, Minnesota, USA)

-A set of internalized
character strengths &
values
- Not just a set of appearance -High quality service to others

Nor just technical skill -Show of self-respect

-Commitment to excellence,
adherence to high standard of
behavior

-See work as service to others

-High level of responsibility


& respect to other’s rights
HOW DO WE BRIDGE THE GAP?

Law Enforcement Mission


(PNP) Accomplished
“All police personnel shall first and foremost be
mindful and considerate of the protection of
every citizen’s honor, human rights, and safety
in the pursuit of their responsibility in law
enforcement.”

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HOW DO WE BRIDGE THE GAP?

Law Mission
Enforcement Accomplished
(PNP)

HUMAN
RIGHTS-BASED
POLICING
HOW CAN WE ACCOMPLISH OUR
MISSION AND HOW DO WE AVOID
HUMAN RIGHTS VIOLATIONS?
What is the formula?

ANSWER:

Human Rights-Based Policing=

COMPETENCY + PROFESSIONALISM + STRICT ADHERENCE TO


POLICE OPERATIONAL PROCEDURES and RULE OF LAW
What is Human Rights-Based
Policing?
• Human Rights Based Policing (HRBP) is the
comprehensive, systematic, and institutional adherence to
national or domestic laws on human rights; and
compliance with international human rights principles,
standards, and practices as well treaties, conventions,
and protocols related to law enforcement or police
functions.

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HUMAN RIGHTS-BASED POLICING
 treating citizens and other stakeholders as Claim Holders
with rights that must be respected and protected
by the police

 police personnel are Duty Holders with obligation


to respect, protect, and fulfill the rights of people
1. To respect human rights – means to refrain from
interfering with the enjoyment of people’s rights.

2. To protect human rights - means to implement laws


that provide equal protection to all persons from
human rights violations by state authorities or by
non-state actors.
3. To fulfill human rights – refers to the act of
establishing institutions and implementing systems,
mechanisms or procedures that enable people to
claim and enjoy their rights.

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HRAO PROGRAM THRUSTS
under the:
Policy & Institutional Capability
Development
Building

PNP HUMAN RIGHTS


DEVELOPMENT
PROGRAM

Human Rights
Multi-Sectoral
Violation
Cooperation
Prevention

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HRAO THRUST ACTIVITIES

Policy & Institutional Development

• Tailor-fitting of HR Trainings
 Human Rights Refresher Seminar on Police Intervention
 For Investigators and Custodial Officers
 For Territorial Forces and other Line Units

• Incorporation of HR Modules in all PNP Mandatory


Trainings/Courses/Seminars Managed by the PPSC
and PNPTS

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HRAO THRUST ACTIVITIES
Policy & Institutional Development
• Production of Manuals and Knowledge Materials on Human
Rights, International Human Rights and International Policing
Standards

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HRAO THRUST ACTIVITIES
POSTERS ON HUMAN RIGHTS INTL. HUMANITARIAN LAW
& INTL. POLICING STANDARDS & NEW PNP MIRANDA
WARNING POCKET CARD WITH ANTI-TORTURE
REMINDERS (MULTI-DIALECT)

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HRAO THRUST ACTIVITIES

INCORPORATION OF HUMAN RIGHTS PRINCIPLES &


STANDARDS IN REVISED PNP MANUAL ON POP 2010 & 2013
EDITION:
“All police personnel shall first and
foremost be mindful and considerate
of the protection of every citizen’s
honor, human rights, and safety in
the pursuit of their responsibility in
law enforcement.”

POP Rule 1.2 “FUNCTIONS OF A POLICE OFFICER”

“All PNP personnel shall respect the human rights and


dignity of the suspect/s during police operations.”
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HRAO THRUST ACTIVITIES

• Digitization of HR Lecture Materials

 To reach out to a much greater


number of PNP personnel all lecture
materials are digitized and sent via e-
mails for easy access by all
Regional/ Provincial/ City/ Municipal
PHROs.

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HRAO THRUST ACTIVITIES

• Incorporation of Questions on Human Rights, IHL,


and Philippine Laws on Human Rights

 PNP Recruitment and Promotional Examinations


administered by the NAPOLCOM
 All examinations administered by Civil Service
Commission (CSC) and Professional Regulation
Commission (PRC)

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HRAO THRUST ACTIVITIES
• Publication of HRAO Advisory Cards:

 Human Rights Advisory for Officers Implementing Warrant


of Arrest;
 Human Rights Advisory for PNP Personnel Conducting
Civil Disturbance Management;
 Human Rights Advisory to Police Officers Implementing Search
Warrant;

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HRAO THRUST ACTIVITIES

 Human Rights Advisory for PNP Personnel Manning


Custodial/Detention Facilities;
 Human Rights Advisory for Police Officers Conducting
Custodial Investigation;
 Human Rights Advisory for PNP Personnel Conducting
Checkpoints;
 Human Rights Desk Basic Procedure in Receiving
Complaints.

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HRAO THRUST ACTIVITIES

• Policies Developed for Implementation

 Prohibition of unauthorized release of information to the


public/media pertaining to AO 35 cases;
 Report of Human Rights Violation thru Text, Spot Report
and Monthly Report to HRAO;
 Coordination with all Government Agencies;
 Coordination with CSOs/NGO.

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HRAO THRUST ACTIVITIES
• Policies Developed for Implementation

 Presence of PHROs in the conduct of PNP


Checkpoint Policy on Incorporation of
Human Rights Subjects in all Mandatory and
Special Training Courses;

 Policy on Use of Miranda Warning Cards;

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HRAO THRUST ACTIVITIES

 Policy on Upholding the Visitorial Powers of


the Commission on Human Rights;
 Policy on Banning the Media Presentation of
Suspects;
 Policy on Mandatory Attendance and
Cooperation during Congressional Hearings
& Public Inquiries Related to Human Rights;

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HRAO THRUST ACTIVITIES

 Policy on Banning Hazing and Other Forms


of Maltreatment in all Police Education and
Training Activities;

 Policy on Anti-Torture and Human Rights


Protection Training for Detention Authorities.

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HRAO THRUST ACTIVITIES
Activation of PNP HRAO Website:

To create a greater impact in all of


society this new website was created
primarily to reach out to a large
number of people worldwide.
www.pnphrao.org

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“Philippine National Police Know Your Rights”
Mobile Application”
- Provides relevant information to the PNP personnel and general
public on Human Rights
HRAO THRUST ACTIVITIES
Capability Building
•Training Conducted from 2008-2018

 206 Trainings/Seminars
 9,066 PNP Personnel Trained

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HRAO THRUST ACTIVITIES
Multi-Sectoral Cooperation
GOVERNMENT AGENCIES / CONSTITUTIONAL BODIES
• Commission on Human Rights (CHR)
• Office of the President
Presidential Committee on Human Rights
• Department of Foreign Affairs
• Department of the Interior & Local Government (DILG)

• Department of National Defense (DND)


• Department of Justice – TF 211 (DOJ)

PHRC
PHRC
Presidential
Presidential
Human
Human
Rights
Rights
Committee
Committee

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HRAO THRUST ACTIVITIES

GOVERNMENT AGENCIES / CONSTITUTIONAL BODIES

• Armed Forces of the Philippines (AFP)


• Office of the Ombudsman
• Office of the Presidential Adviser
on the Peace Process (OPAPP)
• Inter-Agency Committee on Children
in Armed Conflict (IAC-CIAC)
PHRC
PHRC
Presidential
Presidential
Human Rights
Human Rights
Committee
Committee

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HRAO THRUST ACTIVITIES

NGOs / CSOs / FOREIGN ORGANIZATIONS

•Human Rights Watch (HRW)


•Hanns Seidel Foundation (HSF)
•United Nations Development
Program (UNDP)
•Alternative Law Groups (ALG)

• PHRC
PHRC
Presidential
Presidential
Human Rights
Human Rights
Committee
Committee


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HRAO THRUST ACTIVITIES

NGOs / CSOs / FOREIGN ORGANIZATIONS

•Balay Foundation
•International Committee of the Red
Cross (ICRC)
•Australian Embassy

PHRC
PHRC
Presidential
Presidential
Human Rights
Human Rights
Committee
Committee


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HRAO THRUST ACTIVITIES

COMMUNITY-BASED DIALOGUES
ON HUMAN RIGHTS & FOLLOW-
THROUGH SESSIONS
Venue for constructive dialogue &
problem-solving bet. Duty Bearers
and Claim-Holders of Human Rights

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HRAO THRUST ACTIVITIES
HUMAN RIGHTS CONFERENCES WITH
POLICE DELEGATIONS FROM INDONESIA, PHILIPPINES,
THAILAND and GERMANY, among others.

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HRAO THRUST ACTIVITIES
HUMAN RIGHTS
INFORMATION & ADVOCACY DRIVE

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HRAO THRUST ACTIVITIES
Prevention of Human Rights Violations

SURVEY/INSPECTION OF CUSTODIAL FACILITIES

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10 Basic International Human Rights
Standards for Law Enforcement

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Standard 1: EQUAL PROTECTION

Everyone is entitled to equal protection of


the law, without discrimination on any
grounds, and especially vigilant to protect
potentially vulnerable groups such as
children, the elderly, women, refugees,
displaced persons, and members of minority
groups.

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Standard 2: RESPECTFUL TREATMENT
Treat all citizens and victims of crime with
compassion and respect, with utmost
consideration for their need for safety and
privacy.

Standard 3: USE OF FORCE


Do not use force except when strictly
necessary and to the minimum extent required
under the circumstances.

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Standard 4: POLICING NON-VIOLENT
ASSEMBLIES
Avoid using force when policing unlawful but non-
violent assemblies. When dispersing violent
assemblies, use force only to the minimum extent
necessary.

Standard 5: USE OF LETHAL FORCE


Lethal force should not be used except when
strictly unavoidable in order to protect your life
or the lives of others.

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Standard 6: ARRESTING PERSONS
ON LEGAL GROUNDS
Only arrest persons if there are legal
grounds to do so, and
the arrest is carried out
in accordance with
lawful arrest
Standard 7: procedures.
DETAINEES’ RIGHTS
Ensure that all detainees, immediately after their arrest,
have access to their family and lawyer. They must also
be given immediate medical assistance whenever
necessary.

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Standard 8: HUMANE TREATMENT
OF DETAINEES
All detainees must be treated humanely. Under any
circumstances, do not inflict,
instigate, nor tolerate any act of
torture or ill-treatment, and refuse to
obey any order to do so.
Standard 9: REFUSAL TO OBEY
UNJUST ORDERS
Do not obey, order, or cover-up extra-legal killings
or enforced disappearance, and refuse to obey any
order to do so.

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Standard 10: REPORTING VIOLATIONS

Report all violations of these standards to your


senior officer and to the nearest Prosecutor’s
Office. Do everything within your ability and
authority to ensure steps are taken to investigate
violations of these standards.

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Additional Guidelines for Police
Intervention
Protocols in Citizen Contact

Always smile and be courteous

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Additional Guidelines for Police
Intervention
Citizen Contact

Avoid shouting

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Additional Guidelines for Police
Intervention

Citizen Contact

Exhibit professional behavior

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Additional Guidelines for Police
Intervention
Citizen Contact

Never unholster or touch service firearm

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Additional Guidelines for Police
Intervention
Citizen Contact

In a pat-down search, only feel the


outer clothing

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Additional Guidelines for Police
Intervention
Citizen Contact

In a pat-down search, only female police


officer are allowed to frisk female adult or
minor

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Additional Guidelines for Police
Intervention
Citizen Contact
In a pat-down search, full custody search is
allowed upon discovery of illegal items
(Miranda Warning)

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Additional Guidelines for Police
Intervention
Citizen Contact

Apply principles on the use of force


when uncooperative/resisting

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Additional Guidelines for Police
Intervention
Citizen Contact

Use fully functioning Quality Service Lane

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Additional Guidelines for Police
Intervention
Citizen Contact

Women and children should be attended to by


WCPC personnel

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Additional Guidelines for Police
Intervention
Citizen Contact

Respect for LGBT

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Additional Guidelines for Police
Intervention
Citizen Contact

Never discriminate

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HR GUIDELINES IN THE CONDUCT OF POLICE CHECKPOINTS

To remain legitimate and authorized, all PNP checkpoints must


be:

A. Staffed by uniformed police personnel in complete uniform, including


name plates and (if available) I.D. cards. The checkpoint must be led by a
Police Commissioned Officer who is at least of Inspector rank.

In Metro Manila and other major cities, enforcement officers manning the
checkpoints should not be wearing battle dress uniforms or black fatigues in
lieu of the PNP GOA unless the conduct of checkpoint is a result of a hot
pursuit operation.
HR GUIDELINES IN THE CONDUCT OF POLICE CHECKPOINTS

B. Established as part of ongoing police operations. Only official PNP


marked vehicles shall be used in establishing mobile checkpoints.

C. Always use courteous language when speaking to motorists, passengers,


and drivers of public utility vehicles. The conduct of checkpoints including
searches, seizures, and arrests shall be done with civility and with due
respect to innocent passers-by, commuters, or bystanders.
HR GUIDELINES IN THE CONDUCT OF POLICE
CHECKPOINTS
Suggested Script:

“ Magandang umaga/gabi po.


Police checkpoint lang po ito, pasensya na po sa kaunting abala.
Maraming salamat po, Sir/Ma’am.”

“ Good morning/evening.
This is a police checkpoint. Please bear with the slight inconvenience.
Thank you, Sir/Ma’am.”
HR GUIDELINES IN THE CONDUCT OF POLICE
CHECKPOINTS

E. Observe the Plain View Doctrine during checkpoint operations. Never force
motorists to open their vehicle ‘s trunk or compartments. Never force
motorists, drivers, and passengers to present I.D. Cards.

F. The use of warning shots is strictly forbidden to avoid unnecessary and


accidental deaths, injuries, and damage to property. Megaphones or police
sirens shall be used instead during the pursuit. In the event that the occupants
of the vehicle open fire on the personnel manning the checkpoint, reasonable
force to overcome the suspects’ aggression may be employed.
HR GUIDELINES IN THE CONDUCT OF POLICE
CHECKPOINTS
G. Searches made at checkpoints shall be limited to visual search and
neither the vehicle nor the occupants shall be subjected to physical
search or require the passengers to alight from the vehicle.

An Extensive search may be allowed only if the officers conducting the


search have probable cause to believe that they would find evidence
pertaining to the commission of a crime in the vehicle to be searched and
there is no sufficient time to secure a valid warrant upon which the
passengers shall be required to alight from the vehicle to effect the
search.
HR GUIDELINES IN THE CONDUCT OF POLICE
CHECKPOINTS
H. Persons stopped during a checkpoint are not required and must not be
forced to answer any questions posed during spot checks or accosting.
Failure to respond to an officer’s inquiries is not, in and of itself, a sufficient
ground to make an arrest.

A person’s failure or refusal to respond to questions made by the police


officer, however, may provide sufficient justification for additional
observation and investigation.

I. The team leader must properly orient the Search Team and Security Team
that will participate in the checkpoint operations.
HR GUIDELINES IN THE CONDUCT OF POLICE
CHECKPOINTS

J. Both the police and civilian components of the checkpoint operations must
submit their respective after-operations report to their
unit/organization.

K. Proper coordination with the military must be done especially in areas


where AFP units or personnel conduct their own checkpoint operations, ie.,
in conflict-affected areas, near military camps or installations, locations,
where armed encounters recently occurred, areas where presence of threat
groups had been monitored, in so-called “election hot spots”, areas declared
under state of emergency, etc.
CUSTODIAL INVESTIGATION

GUIDING PRINCIPLE

“All PNP personnel must promote and protect the citizen’s


right to due process, presumption of innocence until proven
guilty by the court, and equal protection of the law”
HR GUIDELINES ON CUSTODIAL INVESTIGATION

During custodial investigation, police officers must abide by the provisions of


Republic Act 7438, or the law that prescribed the Rights of Persons Arrested,
Detained, or Under Custodial Investigation; and Republic Act 9745, or the
Anti-Torture Law.

It is important to remember and apply the following guidelines on custodial


investigation:

A. Police officers must observe the principle of due investigative process and
presume the person being investigated as innocent until proven guilty by the
court.
HR Guidelines on Custodial Investigation:

B. Investigations must be sensitive and adaptable to special needs or


requirements of women, children, minors, the elderly, members of
indigenous groups, and persons with disabilities.

C. Put up PNP Posters on the Rights of Persons Arrested, Detained, or


Under Investigation (Based on R.A. 7438) in a prominent or highly
visible area inside the investigation room. As a best practice, advise the
person/s under investigation to read the poster before the conduct of
questioning or custodial investigation.
HR Guidelines on Custodial Investigation:

D. All PNP personnel must inform all persons arrested, detained, or under
investigation about their rights under the law most especially their
Right to Counsel and Right to Physical, Medical, and Psychological
Examination before and after custodial investigation/interrogation.

All PNP personnel must promote and protect the citizen’s right to counsel
and right to demand physical, medical and psychological examination
before and after the conduct of the custodial investigation or
interrogation.
ARRESTS WITH WARRANT
When making arrests with a warrant, always follow these
guidelines:

A. Always identify yourself as a police officer. Provide your


name, position/designation, and place of assignment or unit to
the person to be arrested, his family or relatives, or other persons
present during the time of arrest.

B. Present the warrant of arrest to the subject person before


or after the arrest is made.
HR GUIDELINES ON ARRESTS WITH WARRANT

C. If requested, allow the arrested person to be accompanied by a family


member, relative, or friend from the place of arrest to the police station or
headquarters where the said arrested person would be processed and detained.

D. As much as possible, members of the arresting team should be in complete


uniform. During covert operations, the arresting team must properly identify
themselves during the conduct of arrest; and it is recommended that a marked
PNP vehicle be used to transport the arrested person(s) from the place of arrest
to the police station/headquarters.
HR GUIDELINES ON ARRESTS WITH WARRANT
E. The Arresting Officer must immediately inform the Arrested
Person about his/her rights under the law by quoting the
updated Miranda Warning and by using a language or dialect
that is known or understood by the arrested person.

F. The arresting officer must show the valid Warrant of Arrest to


the arrested Person(s) as soon as possible.

G. The arresting officer must ensure that the arrested person


acknowledges that he/she understands the Miranda
Warning.
HR GUIDELINES ON ARRESTS WITH WARRANT
H. All police personnel are required to memorize and/or carry
at all times a copy of the official PNP Miranda Warning
Pocket Card.

I. It is important to note that under Republic Act 9745 (Anti-


Torture Law), all persons, arrested, detained, or under
custodial investigation have the Right to Demand
Physical, Medical, and Psychological Examination by a
competent and independent doctor of his/her own choice.

The person arrested, detained, or under custodial


investigation must be informed of these rights BEFORE and
AFTER interrogation or custodial investigation.
ARRESTS WITHOUT WARRANT
An Arrest without warrant is authorized and legal:

A. When a person has committed, is actually committing,


or attempting to commit an offense or crime in the presence of
a police officer.

B. When an offense or crime has just been committed and


the police officer has personal knowledge of facts indicating
that the person to be arrested had committed the said offense or
crime.
HR GUIDELINES ON ARRESTS WITHOUT WARRANT

C. When the person to be arrested is an escaped detainee or


prisoner.

D. When the person arrested without a warrant is immediately


brought to the nearest police station or jail, and subjected
to inquest proceeding at the soonest possible time in
keeping with the provisions of Section 7, Rule 112 of the
Rules of Criminal Procedure.

“When conducting a warrantless arrest, the arresting officer must


also ensure that the arrested person is properly informed of
his/her rights under the law”
HR GUIDELINES ON ARRESTS WITHOUT WARRANT

Additional Guiding Principle


An arrest without warrant is considered unauthorized and
illegal if the warrantless arrest is made:

A. Due to mere suspicion or belief; and

B. Unsupported by facts, credible information, or


circumstances necessary to establish probable cause.
CROWD CONTROL/CDM OPERATIONS

IMPORTANT REMINDER

Any loss of emotional control, unprofessional conduct, and


excessive use of force by members of PNP crowd control or civil
disturbance management (CDM) unit is highly counter-
productive, causes negative perception towards the police
organization, and may lead to violations of human rights.
HR GUIDELINES FOR CROWD CONTROL/CDM OPERATIONS

To prevent possible abuse of authority and human rights


violations, police personnel should consider the following
guidelines:

A. Always use prescribed CDM protective gear and


equipment to avoid physical injury or unnecessary harm to
police personnel should the situation escalate.
HR GUIDELINES
CROWD CONTROL/CDM OPERATIONS

B. During the violent dispersal stage, only hit the resisting


person(s) on fleshy or thick portions of the arms, torso,
thighs, and legs. Avoid hitting the head, face eyes, neck,
throat, collar bones, elbows, knees, spinal column, feet,
ankles, genitals, and other very sensitive body parts.
Baton strikes to these parts may cause long-term or
permanent damage.
HR GUIDELINES
CROWD CONTROL/CDM OPERATIONS

C. Always use proper control and handcuffing techniques. Never


drag protesters by the hair or leg. Use two-man or four-man carry
techniques to control and transport resisting protesters from the
protest area to the mobile patrol car or police vehicle.

D. Police officers must use the Miranda Warning cards to inform


arrested protesters of their rights.
HUMAN RIGHTS PRINCIPLES AND PRACTICES
During POLICE INTERVENTION
Key Points of Human Rights Principles and Practices for Law
Enforcement
(UN Code of Conduct for Law Enforcement Officials)

 Perform duty under the law


 Respect and safeguard human rights
 Use force only when strictly necessary
 Respect confidentiality
 Never inflict any act of torture & other cruel treatment
 Safeguard the health of those in custody
 Do not commit any act of corruption
 Respect the rule of law
SUMMARY
1. ALL OF US HAVE HUMAN RIGHTS .

2. INTERNATIONAL HUMANITARIAN LAW aims to


limit the effects of hostilities for humanitarian reasons.
3. OUR POWER & AUTHORITY IS FROM THE PEOPLE.

4. WE MUST USE POWER & AUTHORITY TO SERVE &


PROTECT PEOPLE.
5. TO SERVE AND PROTECT IS TO
RESPECT, PROTECT, & FULFILL HUMAN
RIGHTS.
6. TO ACCOMPLISH OUR MISSION,
WE MUST PRACTICE RIGHTS-BASED
POLICING:
- PROFESSIONALISM,
- COMPETENCY
- Strict adherence to Police Operational Procedures/Rule of Law.
190K strong PNP shall stay steadfast in our
commitment to serve and protect the Filipino
people by institutionalizing “RESPECT FOR HUMAN
RIGHTS AS A WAY OF LIFE”
THERE IS NO PEACE WITHOUT SECURITY.

THERE IS NO SECURITY WITHOUT PEACE.

AND THERE CAN ONLY BE PEACE AND SECURITY


IF THERE IS RESPECT FOR HUMAN RIGHTS.
Paraphrased from a quote by
former UN SecGen Kofi Annan
QUESTIONS?
You have the right to remain
silent!
Anything You ask will be used
against you. Do you understand
this right?
END OF PRESENTATION
THANK YOU!
You may reach us thru
Tel no : 723-0401 local 3668/3678
Direct Line : (02) 650-2794
Facebook : pnphrao@gmail.com
Twitter : pnphrao@gmail.com
E-mail : pnphrao@gmail.com
Website : www.pnphrao.org

“Your Comments, Suggestions and Recommendations are highly appreciated”

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